Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-22 Thread Richard Fontana
Yes, that is mistaken. This list plays no role in the OSI license approval process, though it can be an appropriate place to discuss a license that has not been submitted for OSI approval. Richard On Mon, Aug 22, 2016 at 08:45:41PM +, Karan, Cem F CIV USARMY RDECOM ARL (US) wrote: >

Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-22 Thread Tzeng, Nigel H.
https://opensource.org/approval Yep, you get to start this all over again. :) A lot of folks do read both lists so it¹s probably not a huge deal. On 8/22/16, 4:45 PM, "License-discuss on behalf of Karan, Cem F CIV USARMY RDECOM ARL (US)" <license-discuss-boun...@opensource.

Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-22 Thread Karan, Cem F CIV USARMY RDECOM ARL (US)
I'm aware of the other list, but my understanding was that it had to be submitted to this list for discussion first, and then submitted to license-review once there was some consensus; am I wrong about this? Thanks, Cem Karan > -Original Message- > From: License-discuss [mailto:l

Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-22 Thread Richard Fontana
I'm not sure if you're already aware but for several years this mailing list has not been used for discussing licenses submitted for OSI approval -- that is done on the license-review mailing list. The license review process is described at https://opensource.org/approval. I haven't followed

Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-22 Thread Karan, Cem F CIV USARMY RDECOM ARL (US)
OK, so assuming that the NOSA 2.0 license is dead in the water, what about the ARL OSL? Is it also, dead, and if so, why? Leave aside the license proliferation aspect, and focus on what needs to be changed with the ARL OSL to make it acceptable. Thanks, Cem Karan > -Original Mess

Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-20 Thread Richard Fontana
ll Bruce Perens' involvement in the CC0 discussion at all, but my objective was to encourage the OSI take a consistent approach to the problem of nonstandard provisions dealing with patents, having remembered the discussion of the MXM license in ~2009, rather than an approach that would be explainable sole

Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-20 Thread Rick Moen
ample was their own code.gov site > released under CC0*. Well, it _is_ open source. Endless variant forms of permissive licences are. ___________ License-discuss mailing list License-discuss@opensource.org https://lists.opensource.org/cgi-bin/mailman/listinfo/license-discuss

Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-19 Thread Tzeng, Nigel H.
On 8/19/16, 6:55 PM, "License-discuss on behalf of Rick Moen" <license-discuss-boun...@opensource.org on behalf of r...@linuxmafia.com> wrote: >Speaking for Creative Commons, Christopher Allan Webber appears to have >correctly understood this feedback to be _n

Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-19 Thread Rick Moen
e, you know I¹m of the opinion that is the OSI states a > > license is open source if it passes the OSD then we should either > > amend the OSD to require explicit patent grants moving forward or > > not block useful new licenses because of the lack of a patent grant. &g

Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-19 Thread Richard Fontana
On Thu, Aug 18, 2016 at 08:55:54PM +, Tzeng, Nigel H. wrote: > If the USG is using CC0 for their new OSS initiative > is this something that should be revisited? Yes, I think so. > Of course, you know I¹m of the opinion that is the OSI states a license is > open source if it pa

Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-19 Thread Scott K Peterson
Army at 201, DHHS at 214. -- Scott - Original Message - From: "Nigel H. Tzeng" <nigel.tz...@jhuapl.edu> To: "Lawrence Rosen" <lro...@rosenlaw.com>, license-discuss@opensource.org Sent: Friday, August 19, 2016 4:02:35 PM Subject: Re: [License-discu

Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-19 Thread Tzeng, Nigel H.
From: License-discuss <license-discuss-boun...@opensource.org<mailto:license-discuss-boun...@opensource.org>> on behalf of "lro...@rosenlaw.com<mailto:lro...@rosenlaw.com>" <lro...@rosenlaw.com<mailto:lro...@rosenlaw.com>> >There are other important

Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-19 Thread Karan, Cem F CIV USARMY RDECOM ARL (US)
Exactly. Anyone that gets something from the USG deserves to know that they won't be facing a patent lawsuit from any of the contributors. Thanks, Cem Karan > -Original Message- > From: License-discuss [mailto:license-discuss-boun...@opensource.org] On > Behalf Of Chris DiBo

Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-19 Thread Lawrence Rosen
S WORKS probably contain public domain content, this is ANOTHER example not involving aging. The USG and ARL are not unique. Public domain is what it is for software works for everyone here (and probably abroad too). A unique FOSS license isn't necessary to "protect copyrights" in publi

Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-19 Thread Karan, Cem F CIV USARMY RDECOM ARL (US)
We apply for and are granted patents on a regular basis at ARL. In fact, part of how scientists and engineers are evaluated on their performance can include the number of patents they get, all of which are owned by the USG. Thanks, Cem Karan > -Original Message- > From: L

Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-18 Thread Smith, McCoy
USG patents aren't public domain, and USG can and does license them for royalties. I believe there are a handful of examples of USG filing infringement suits as well. > On Aug 18, 2016, at 8:26 PM, Brian Behlendorf <br...@behlendorf.com> wrote: > > > Do those fol

Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-18 Thread Brian Behlendorf
to get that sorted. Brian On Thu, 18 Aug 2016, Chris DiBona wrote: In military contracting , patent grants are key to the point where I wouldn't consider a non patent granting license from, say, lockheed as being open source at all. On Aug 18, 2016 3:05 PM, "Tzeng, Nigel H." <nig

Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-18 Thread Smith, McCoy
esumably any place where this public domain arises, it applies to patents > too. Would be nice to get that sorted. > > Brian > >> On Thu, 18 Aug 2016, Chris DiBona wrote: >> In military contracting , patent grants are key to the point where I >> wouldn't consider a no

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2016-08-18 Thread Michael
Sent from my iPhone > On Aug 18, 2016, at 8:45 PM, license-discuss-requ...@opensource.org wrote: > > Send License-discuss mailing list submissions to >license-discuss@opensource.org > > To subscribe or unsubscribe via the World Wide Web, visit >https://lists.o

Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-18 Thread Brian Behlendorf
DiBona wrote: In military contracting , patent grants are key to the point where I wouldn't consider a non patent granting license from, say, lockheed as being open source at all. On Aug 18, 2016 3:05 PM, "Tzeng, Nigel H." <nigel.tz...@jhuapl.edu> wrote: On 8/18/16, 3

Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-18 Thread Chris DiBona
In military contracting , patent grants are key to the point where I wouldn't consider a non patent granting license from, say, lockheed as being open source at all. On Aug 18, 2016 3:05 PM, "Tzeng, Nigel H." <nigel.tz...@jhuapl.edu> wrote: > On 8/18/16, 3:57 PM, "L

Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-18 Thread Tzeng, Nigel H.
On 8/18/16, 3:57 PM, "License-discuss on behalf of Lawrence Rosen" <license-discuss-boun...@opensource.org on behalf of lro...@rosenlaw.com> wrote: >Nigel Tzeng wrote: >> The issue here is for code that is potentially quite substantial. I >>would think tha

Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-18 Thread Karan, Cem F CIV USARMY RDECOM ARL (US)
There likely will be some USG-only discussion beforehand, but since there are a lot of people to coordinate on this, the sooner I get started, the better. Thanks, Cem Karan > -Original Message- > From: License-discuss [mailto:license-discuss-boun...@opensource.org] On > Behalf

Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-18 Thread Karan, Cem F CIV USARMY RDECOM ARL (US)
> -Original Message- > From: License-discuss [mailto:license-discuss-boun...@opensource.org] On > Behalf Of Tzeng, Nigel H. > Sent: Thursday, August 18, 2016 4:26 PM > To: Lawrence Rosen <lro...@rosenlaw.com>; license-discuss@opensource.org > Subject: Re: [License-

Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-18 Thread Tzeng, Nigel H.
) but it would at least be useful if the lawyers that approved the release of code.gov under CC0 could tell your lawyers why they thought it was sufficient. Especially if these are the same set of lawyers providing legal guidance to the White House OMB 20% OSS mandate. On 8/18/16, 4:36 PM, "Li

Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-18 Thread Tzeng, Nigel H.
On 8/18/16, 4:24 PM, "License-discuss on behalf of Richard Fontana" <license-discuss-boun...@opensource.org on behalf of font...@opensource.org> wrote: >On Thu, Aug 18, 2016 at 07:15:52PM +, Tzeng, Nigel H. wrote: >> From: License-discuss >><lice

Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-18 Thread Karan, Cem F CIV USARMY RDECOM ARL (US)
ay be able to convince the ARL attorneys to talk to outside attorneys, but they will be VERY unhappy if anyone else is coming in on the line. There are good legal reasons for this; please don't try to sneak in. Thanks, Cem Karan > -Original Message- > From: License-discuss [mailto

Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-18 Thread Smith, McCoy
"I don't believe that there is an OSD requirement that the lawyers on License-Review/License-Discuss agree that the legal concern being addressed by a new license submission is valid. *Especially when other lawyers disagree.*" The problem is, I think to many of us comme

Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-18 Thread Tzeng, Nigel H.
>Cem Karan wrote: >> The only reason that the ARL OSL was proposed AT ALL is because there is a >> strong concern that since USG code doesn't have copyright [1], any license >> that relies exclusively on copyright may be invalidated by the courts [2]. >We understand t

Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-18 Thread Richard Fontana
On Thu, Aug 18, 2016 at 07:15:52PM +, Tzeng, Nigel H. wrote: > From: License-discuss > <license-discuss-boun...@opensource.org<mailto:license-discuss-boun...@opensource.org>> > on behalf of "Smith, McCoy" > <mccoy.sm...@intel.com<mailto:mccoy.sm...

Re: [License-discuss] [Non-DoD Source] Re: US Army Research Laboratory Open Source License proposal

2016-08-18 Thread Karan, Cem F CIV USARMY RDECOM ARL (US)
> -Original Message- > From: Wheeler, David A [mailto:dwhee...@ida.org] > Sent: Thursday, August 18, 2016 2:52 PM > To: legal-disc...@apache.org > Cc: Karl Fogel <kfo...@red-bean.com>; Lawrence Rosen <lro...@rosenlaw.com>; > license-discuss@opensource.org &

Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-18 Thread Karan, Cem F CIV USARMY RDECOM ARL (US)
> -Original Message- > From: License-discuss [mailto:license-discuss-boun...@opensource.org] On > Behalf Of Lawrence Rosen > Sent: Thursday, August 18, 2016 2:35 PM > To: license-discuss@opensource.org > Cc: Lawrence Rosen <lro...@rosenlaw.com> > Subject: [N

Re: [License-discuss] [Non-DoD Source] Re: US Army Research Laboratory Open Source License proposal

2016-08-18 Thread Karan, Cem F CIV USARMY RDECOM ARL (US)
; Lawrence Rosen <lro...@rosenlaw.com>; > license-discuss@opensource.org > Subject: RE: [License-discuss] [Non-DoD Source] Re: US Army Research > Laboratory Open Source License proposal > > All active links contained in this email were disabled. Please verify the > identity of the send

Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-18 Thread John Cowan
Diane Peters scripsit: > Given this, it remains unclear how a license to the worldwide public would > be invalidated by a court? Please say more. Because we don't know what law a foreign court would apply. It might apply the Berne Convention, and say "This work has a copyright t

Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-18 Thread Lawrence Rosen
Nigel Tzeng wrote: > The issue here is for code that is potentially quite substantial. I would > think that would be a different scenario. If I include the works of Shakespeare in my software, it would of course be substantial and yet still be public domain almost everywhere (?). I lice

Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-18 Thread Karan, Cem F CIV USARMY RDECOM ARL (US)
> -Original Message- > From: License-discuss [mailto:license-discuss-boun...@opensource.org] On > Behalf Of Richard Fontana > Sent: Thursday, August 18, 2016 11:04 AM > To: license-discuss@opensource.org > Subject: Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD

Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-18 Thread Tzeng, Nigel H.
On 8/18/16, 11:03 AM, "License-discuss on behalf of Richard Fontana" <license-discuss-boun...@opensource.org on behalf of font...@sharpeleven.org> wrote: >As a few have pointed out, all code that is nominally licensed under >open source licenses will contain noncopyrighted

Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-18 Thread Diane Peters
from making licenses for the use of its works abroad.” Notes of Committee on the Judiciary (re Section 105), H.R. Rep. No. 1476, 94th Cong., 2d Sess. 59 (1976) Given this, it remains unclear how a license to the worldwide public would be invalidated by a court? Please say more. On Thu, Aug 18

Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-18 Thread Tzeng, Nigel H.
From: License-discuss <license-discuss-boun...@opensource.org<mailto:license-discuss-boun...@opensource.org>> on behalf of "Smith, McCoy" <mccoy.sm...@intel.com<mailto:mccoy.sm...@intel.com>> > Interestingly enough, the code of the code.gov site is

Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-18 Thread John Cowan
ww.ccil.org/~cowanco...@ccil.org Being understandable rather than obscurantist poses certain risks, in that one's opinions are clear and therefore falsifiable in the light of new data, but it has the advantage of encouraging feedback from others. --James A. Matisoff ___

Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-18 Thread Lawrence Rosen
nce Rosen [mailto:lro...@rosenlaw.com] Sent: Thursday, August 18, 2016 11:15 AM To: license-discuss@opensource.org Cc: Lawrence Rosen <lro...@rosenlaw.com> Subject: RE: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL

Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-18 Thread Radcliffe, Mark
I suggest using the Apache contribution license agreements rather than Apache itself. -Original Message- From: License-discuss [mailto:license-discuss-boun...@opensource.org] On Behalf Of Richard Fontana Sent: Thursday, August 18, 2016 8:04 AM To: license-discuss@opensource.org Subject

Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-18 Thread Karan, Cem F CIV USARMY RDECOM ARL (US)
> -Original Message- > From: License-discuss [mailto:license-discuss-boun...@opensource.org] On > Behalf Of Brian Behlendorf > Sent: Wednesday, August 17, 2016 4:25 PM > To: license-discuss@opensource.org > Subject: Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD

Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-18 Thread Karan, Cem F CIV USARMY RDECOM ARL (US)
The only reason that the ARL OSL was proposed AT ALL is because there is a strong concern that since USG code doesn't have copyright [1], any license that relies exclusively on copyright may be invalidated by the courts [2]. If the USG had copyright, then I could stop pushing the ARL OSL

Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-18 Thread Karan, Cem F CIV USARMY RDECOM ARL (US)
> -Original Message- > From: License-discuss [mailto:license-discuss-boun...@opensource.org] On > Behalf Of Engel Nyst > Sent: Wednesday, August 17, 2016 2:59 PM > To: license-discuss <license-discuss@opensource.org> > Subject: Re: [License-discuss] [Non-DoD Sou

Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-18 Thread Smith, McCoy
Interestingly enough, the code of the code.gov site is licensed under CC0 1.0: https://github.com/presidential-innovation-fellows/code-gov-web/blob/master/LICENSE.md From: License-discuss [mailto:license-discuss-boun...@opensource.org] On Behalf Of Chris DiBona Sent: Thursday, August 18, 2016

Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-18 Thread Smith, McCoy
, the issues around existing open source licenses will be identified clearly) on behalf of all the USG: https://www.whitehouse.gov/sites/default/files/omb/memoranda/2016/m_16_21.pdf -Original Message- From: License-discuss [mailto:license-discuss-boun...@opensource.org] On Behalf

Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-18 Thread Richard Fontana
On Thu, Aug 18, 2016 at 02:50:18PM +, Karan, Cem F CIV USARMY RDECOM ARL (US) wrote: > > > > Even if you were correct in the assertions you've made about ARL code, why > > is a new license needed for contributors other than ARL? > > Are you suggesting a dual l

Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-18 Thread Karan, Cem F CIV USARMY RDECOM ARL (US)
> -Original Message- > From: License-discuss [mailto:license-discuss-boun...@opensource.org] On > Behalf Of Richard Fontana > Sent: Wednesday, August 17, 2016 2:33 PM > To: license-discuss@opensource.org > Subject: Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD

Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-18 Thread Christopher Sean Morrison
; years, the drafting of a new "open source" license requires strong reasons. > The reasons that I have seen in the list don't meet that standard. I > strongly recommend against trying to develop a new "open source" license. > > -Original Message-

Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-17 Thread Brian Behlendorf
On Wed, 17 Aug 2016, Smith, McCoy wrote: I hope you're getting a sense that there are several lawyers on this mailing list -- lawyers who have years of experience looking at, debating, and giving advice on the issues you identify in this submission -- who think that your proposed license

Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-17 Thread Engel Nyst
r contributors), and IP issues. If we could solve the problem via a >> simple >> disclaimer of liability, we would. We need to handle ALL the issues. > > Even if you were correct in the assertions you've made about ARL code, > why is a new license needed for contributors other th

Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-17 Thread Smith, McCoy
Or to put a finer point on it, the other issues you identify appear to be ones that are explicitly addressed in many already-approved OSI licenses, including Apache 2.0, the one you are modeling your license upon. I hope you're getting a sense that there are several lawyers on this mailing

Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-17 Thread Richard Fontana
, we would. We need to handle ALL the issues. Even if you were correct in the assertions you've made about ARL code, why is a new license needed for contributors other than ARL? _______ License-discuss mailing list License-discuss@opens

Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-17 Thread Karan, Cem F CIV USARMY RDECOM ARL (US)
> -Original Message- > From: License-discuss [mailto:license-discuss-boun...@opensource.org] On > Behalf Of Smith, McCoy > Sent: Wednesday, August 17, 2016 11:34 AM > To: license-discuss@opensource.org > Subject: [Non-DoD Source] Re: [License-discuss] [Non-DoD Source

Re: [License-discuss] [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-17 Thread Smith, McCoy
the materials for which liability is disclaimed is not licensable because it is in the public domain. The very problem the ARL lawyers are saying this new license proposal is attempting to solve. -Original Message- From: License-discuss [mailto:license-discuss-boun...@opensource.org] On Behalf

Re: [License-discuss] [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-17 Thread Karan, Cem F CIV USARMY RDECOM ARL (US)
> -Original Message- > From: License-discuss [mailto:license-discuss-boun...@opensource.org] On > Behalf Of Smith, McCoy > Sent: Tuesday, August 16, 2016 4:51 PM > To: license-discuss@opensource.org > Subject: Re: [License-discuss] [Non-DoD Source] Re: U.S. Army Rese

Re: [License-discuss] [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-16 Thread Scott K Peterson
> The issue is the one that the Apache 2.0 license solves, and that the ARL OSL > is attempting to solve for works that don't have copyright attached. > Basically, clause 3 in each of the licenses means that you can't contribute > software that has patents on it, and then sue everyo

Re: [License-discuss] [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-16 Thread Karan, Cem F CIV USARMY RDECOM ARL (US)
> -Original Message- > From: License-discuss [mailto:license-discuss-boun...@opensource.org] On > Behalf Of Lawrence Rosen > Sent: Tuesday, August 16, 2016 4:36 PM > To: license-discuss@opensource.org > Cc: Lawrence Rosen <lro...@rosenlaw.com> > Subject: Re:

Re: [License-discuss] [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-16 Thread Karan, Cem F CIV USARMY RDECOM ARL (US)
> -Original Message- > From: License-discuss [mailto:license-discuss-boun...@opensource.org] On > Behalf Of Scott K Peterson > Sent: Tuesday, August 16, 2016 4:35 PM > To: license-discuss@opensource.org > Subject: Re: [License-discuss] [Non-DoD Source] Re: U.S. Army Rese

Re: [License-discuss] [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-16 Thread Smith, McCoy
, the entire Apache 2.0 license (including the patent grants, and the disclaimer of warranties) would be rendered null & void as a result. Perhaps the lawyers from ARL are telling you that; if so, perhaps you could invite them to the conversation. I think many people on here are skept

Re: [License-discuss] [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-16 Thread Karan, Cem F CIV USARMY RDECOM ARL (US)
> -Original Message- > From: License-discuss [mailto:license-discuss-boun...@opensource.org] On > Behalf Of Richard Fontana > Sent: Tuesday, August 16, 2016 4:10 PM > To: license-discuss@opensource.org > Cc: lro...@rosenlaw.com > Subject: Re: [License-discuss] [No

Re: [License-discuss] [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-16 Thread Engel Nyst
> that the person was the first one in the chain to break the contract. > > Copyright is something entirely different from contract law. Copyright is a > bundle of rights that an author gets by creating a work. The license allows a > user to use the work without getting sued/stopped/et

Re: [License-discuss] [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-16 Thread Lawrence Rosen
Keran, your description of the "chain" is not usually correct for FOSS. The Apache and GPL and MPL licenses don't have to work that way through sublicensing. Each licensee receives his or her license directly from the licensor. There is no chain. The licensor (contractor) can direct

Re: [License-discuss] [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-16 Thread Scott K Peterson
n informs the software license choice issues being discussed in this thread? I'm sorry. I clearly have not been paying enough attention to this thread. I have been engaged in issues at the intersection of patents and standards since before patent enforcement by Rambus attracted the attention o

Re: [License-discuss] [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-16 Thread Richard Fontana
On Tue, Aug 16, 2016 at 08:03:18PM +, Karan, Cem F CIV USARMY RDECOM ARL (US > As for 'license vs. contract', was that something discussed in > relation to the ARL OSL? No, that's a much older topic of debate in open source. It's safe to say from your previous remarks that ARL a

Re: [License-discuss] [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-16 Thread Karan, Cem F CIV USARMY RDECOM ARL (US)
Here are the problems: 1) ARL doesn't know if it can use copyright-based licenses on public domain software. In particular, will the entire license be held invalid, including the disclaimers, if the copyright portions are held to be invalid? 2) Liability is only one part of the puzzle; as I

Re: [License-discuss] [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-16 Thread Karan, Cem F CIV USARMY RDECOM ARL (US)
over patent violations. There are a few other, similar tricks that can be done that the Apache 2.0 license and the ARL OSL license attempt to avoid. If you think that this is a paranoid fear, read https://en.wikipedia.org/wiki/Rambus#Lawsuits to see what we're trying to avoid. Thanks, Cem Karan

Re: [License-discuss] [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-16 Thread Karan, Cem F CIV USARMY RDECOM ARL (US)
> -Original Message- > From: License-discuss [mailto:license-discuss-boun...@opensource.org] On > Behalf Of Engel Nyst > Sent: Tuesday, August 16, 2016 11:34 AM > To: license-discuss <license-discuss@opensource.org> > Subject: Re: [License-discuss] [Non-DoD Source

Re: [License-discuss] [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-16 Thread Christopher Sean Morrison
-based license (presumably that the whole license would be found invalid due to no copyright, not just the copyright statement bits).  I don't agree that would happen as DoJ makes a determination of liability under their own tort/negligence criteria, but also not tested except for cases of gross

Re: [License-discuss] [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-16 Thread John Cowan
Lawrence Rosen scripsit: > Is this a resurrection of the old "license vs. contract" dispute that > we buried long ago? That is not dead which can eternal lie (see .sig). -- John Cowan http://www.ccil.org/~cowanco...@ccil.org La mayyitan ma qadirun yatabaqqa

Re: [License-discuss] [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-16 Thread Lawrence Rosen
domain portion of a work, within the limitations of the law -- can still be effective in a FOSS license. Why does the Army Research Laboratory confuse the distribution of a work under a waiver of liability with the ownership (or not) of its embedded copyrights? Is this a resurrection of the old

Re: [License-discuss] [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-16 Thread Smith, McCoy
Maybe. But given that CC0 expressly does not convey patent rights, and I believe the intent here is to convey patent rights (via an express license, as in Apache 2.0), CC0 may not be an option the USG wants here. [although CC0 with a plug-in patent grant might work] From: License-discuss

Re: [License-discuss] [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-16 Thread Richard Fontana
fective? > > > Gee, if only legal-review had approved CC0 as an open source license, it > would be a potential option. ;) > > > > As it stands, the board's public position to not recommend using CC0 on > software [1] due to its patent clause makes it problematic. The po

Re: [License-discuss] [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-16 Thread Lawrence Rosen
entirely waived in many jurisdictions despite the warranty and liability language in the software license. And liability for intentional torts cannot be waived. You can't throw banana peels at the front of the parade and expect to be forgiven for injuries. Other than that, waiver of liabili

Re: [License-discuss] [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-16 Thread Christopher Sean Morrison
as been waived). I believe that to be an effective waiver of liability, despite the fact that there is not copyright rights being conveyed. Does anyone believe that that waiver is ineffective? Gee, if only legal-review had approved CC0 as an open source license, it would be a potential option. ;) As it

Re: [License-discuss] [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-16 Thread Engel Nyst
On Tue, Aug 16, 2016 at 5:12 PM, Karan, Cem F CIV USARMY RDECOM ARL (US) <cem.f.karan@mail.mil> wrote: > OK, but wouldn't those changes mean that the license no longer applies to the > uncopyrightable portions? That would mean that downstream users would no > longer have any

Re: [License-discuss] [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-15 Thread Engel Nyst
Source or Object form, provided that You meet the following conditions: (a) You must give any other recipients of the Work or Derivative Works a copy of this License, except when the Work or Derivative Work is not subject to copyright; and (b) You must cause

Re: [License-discuss] [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-15 Thread Karan, Cem F CIV USARMY RDECOM ARL (US)
Comments inline below. > -Original Message- > From: License-discuss [mailto:license-discuss-boun...@opensource.org] On > Behalf Of Engel Nyst > Sent: Monday, August 15, 2016 4:56 PM > To: license-discuss@opensource.org > Subject: [Non-DoD Source] Re: [License-discuss]

Re: [License-discuss] U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-15 Thread Engel Nyst
On Thu, Jul 28, 2016 at 3:50 PM, Karan, Cem F CIV USARMY RDECOM ARL (US) <cem.f.karan@mail.mil> wrote: > "License" shall mean the terms and conditions for use, reproduction, > and distribution as defined by Sections 1 through 9 of this document. You may want

Re: [License-discuss] [Non-DoD Source] Re: US Army Research Laboratory Open Source License proposal

2016-08-08 Thread Christopher Sean Morrison
ains to data, specifically not software, but is framed the same. If it was developed exclusively at private expense, the Gov’t has limited rights and cannot release. In that case, it’s up to the contractor. Cheers! Sean ___ License-discuss mailing list Lic

Re: [License-discuss] [Non-DoD Source] Re: US Army Research Laboratory Open Source License proposal

2016-08-08 Thread Karan, Cem F CIV USARMY RDECOM ARL (US)
The ARL OSL does not change anything in the DFARS clauses; as I understand it (I am not a lawyer) the USG would have to have all the rights necessary to release the code before it could do so. Thanks, Cem Karan > -Original Message- > From: License-discuss [mailto:license-discus

Re: [License-discuss] [Non-DoD Source] Re: US Army Research Laboratory Open Source License proposal

2016-08-08 Thread Tzeng, Nigel H.
Cam, Could you describe what the impact would be to contractors under DFARS clauses 252.227-7013/7014 and ARL OSL? In particular where software was developed at private expense or mixed funding and the government has less than unlimited rights. Regards, Nigel On 8/8/16, 8:32 AM, "Li

Re: [License-discuss] [Non-DoD Source] Re: US Army Research Laboratory Open Source License proposal

2016-08-08 Thread Karan, Cem F CIV USARMY RDECOM ARL (US)
> -Original Message- > From: License-discuss [mailto:license-discuss-boun...@opensource.org] On > Behalf Of Lawrence Rosen > Sent: Friday, August 05, 2016 4:37 PM > To: license-discuss@opensource.org > Cc: Lawrence Rosen <lro...@rosenlaw.com> > Subject: Re:

Re: [License-discuss] [Non-DoD Source] Re: US Army Research Laboratory Open Source License proposal

2016-08-08 Thread Karan, Cem F CIV USARMY RDECOM ARL (US)
The problem is that while the original USG works don't have copyright, works produced by contributors may. E.g., any code supplied by contractors, anything provided by persons outside the USG, etc. We need to have a license that both protects those individuals, and ensures that they don't use

Re: [License-discuss] [Non-DoD Source] Re: US Army Research Laboratory Open Source License proposal

2016-08-06 Thread Lawrence Rosen
Cem Karan wrote: > The theory for contract-based licenses like the ARL OSL is that either a) > everyone keeps to the terms of the license (forming a chain), or b) if > someone breaks the terms, they have broken the contract with their immediate > predecessor in the chain

Re: [License-discuss] [Non-DoD Source] Re: US Army Research Laboratory Open Source License proposal

2016-08-06 Thread Kevin Fleming
t; > I think the confusion here is indeed about ownership vs, access, As I > understand Cem’s project he wants to provide access to third parties to its > code and wants to ‘license’ it. However open source license (afaik) deal > with the ownership part of the code and does not de

Re: [License-discuss] licenses for hosted services

2016-08-06 Thread Stephen Paul Weber
rce. ___ License-discuss mailing list License-discuss@opensource.org https://lists.opensource.org/cgi-bin/mailman/listinfo/license-discuss

Re: [License-discuss] [Non-DoD Source] Re: US Army Research Laboratory Open Source License proposal

2016-08-06 Thread Christopher Sean Morrison
standing if they tried to take anyone to court. I agree that it’s “bad practice” but mostly because it creates marketplace confusion and doesn’t conform with the OSD. The difference here, I think, is that the contract/license is not aiming to restrict access or use of the code. On the contrary

Re: [License-discuss] licenses for hosted services

2016-08-05 Thread William Edney
gt; On 8/5/16 4:28 PM, William Edney wrote: > > Miles - > > You might also check out the Reciprocal Public License: > https://opensource.org/licenses/RPL-1.5 > > Authored by Technical Pursuit, it's direct intent is the same "pay for > privacy" business model now e

Re: [License-discuss] licenses for hosted services

2016-08-05 Thread Rick Moen
get help from OSI. _______ License-discuss mailing list License-discuss@opensource.org https://lists.opensource.org/cgi-bin/mailman/listinfo/license-discuss

Re: [License-discuss] licenses for hosted services

2016-08-05 Thread Kevin Fleming
Keep in mind also that if you have any plans to accept contributions to this codebase (having it be an open source project, instead of just open source software), using such a license could be quite an impediment. Having additional copyright holders, who are potentially involved in any actions you

Re: [License-discuss] licenses for hosted services

2016-08-05 Thread Miles Fidelman
answer: https://lists.opensource.org/pipermail/license-discuss/2013-December/018777.html There are those who disagree, myself included. (And what makes Engel Nyst the last word on such matters?) The OSD says: "The license shall not restrict any party from selling or giving away the sof

Re: [License-discuss] licenses for hosted services

2016-08-05 Thread Rick Moen
ce.org/pipermail/license-discuss/2013-December/018777.html -- Cheers, Grossman's Law: "In time of crisis, people do not rise to Rick Moen the occasion. They fall to the level of their training." r...@linuxmafia.com http://linuxmafia.com/~rick/lexicon.h

Re: [License-discuss] licenses for hosted services

2016-08-05 Thread Miles Fidelman
Thanks, Bill! Can you say any more about how that's working for you in practice? Best, Miles On 8/5/16 4:28 PM, William Edney wrote: Miles - You might also check out the Reciprocal Public License: https://opensource.org/licenses/RPL-1.5 Authored by Technical Pursuit, it's direct intent

Re: [License-discuss] licenses for hosted services

2016-08-05 Thread Miles Fidelman
r own local machine: FOSS - run it on your own host (including an enterprise host): FOSS - run it on some other host, for your own use: FOSS - run it on a host for non-commercial use (e.g, an organization providing service to its members): FOSS - rut it as a SaaS, charge for it: OSS with a licens

Re: [License-discuss] licenses for hosted services

2016-08-05 Thread William Edney
Miles - You might also check out the Reciprocal Public License: https://opensource.org/licenses/RPL-1.5 Authored by Technical Pursuit, it's direct intent is the same "pay for privacy" business model now enjoyed by companies such as GitHub. In fact, we couch our commercial offering as

Re: [License-discuss] licenses for hosted services

2016-08-05 Thread Smith, McCoy
place for trying to do that. -Original Message- From: License-discuss [mailto:license-discuss-boun...@opensource.org] On Behalf Of Miles Fidelman Sent: Friday, August 05, 2016 1:15 PM To: license-discuss@opensource.org Subject: Re: [License-discuss] licenses for hosted services T

Re: [License-discuss] licenses for hosted services

2016-08-05 Thread Miles Fidelman
Thanks for the starting points, folks. I'm starting to think something like a dual license - AGPL for non-commercial uses (AGPL + borrow some of the language from CC BY-NC-*), and, - Most of the terms of AGPL (re. download of source, etc.) + a license fee for commercial use in an SaaS offering

Re: [License-discuss] [Non-DoD Source] Re: US Army Research Laboratory Open Source License proposal

2016-08-05 Thread Karan, Cem F CIV USARMY RDECOM ARL (US)
OSL and use Apache 2.0 instead (I've floated the idea of an Apache 2.1 or 3.0 that addressed the copyright issue on the ASF Legal Discuss mailing list, but haven't had any interest yet). By the way, the Apache 2.0 license is fairly permissive; in practice, it just prevents bad actors from

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